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Securities
Securities Fraud
Breach of Fiduciary Duty and Constructive Fraud

Richard E. Schreiber IRA and Richard E. Schreiber, personally and on behalf of The Richard E. Schreiber Retirement Trust v. Charles Schwab & Co. Inc., The Charles Schwab Corporation, Charles Schwab Investment Management Inc.

Published: Jul. 2, 2011 | Result Date: May 10, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-02831 Arbitration –  Expungement

Court

FINRA


Attorneys

Claimant

Brian D. Miller
(Miller & Milove)


Respondent

Evelyn C. Best


Facts

Richard Schreiber IRA and Richard Schreiber, personally and on behalf of The Richard E. Schreiber Retirement Trust filed a complaint against Charles Schwab & Co. Inc., The Charles Schwab Corporation, and Charles Schwab Investment Management Inc. related to investments in the Schwab YieldPlus Fund.

Damages

Claimants sought approximately $200,000 in compensatory damages plus, exemplary or punitive damages, interests, attorney fees and costs, and other relief.

Injuries

Claimants asserted the following causes of action: federal securities fraud; breach of fiduciary duty and constructive fraud; fraud and deceit; state securities fraud; negligence and negligent misrepresentation; breach of fiduciary duty; breach of contract; violation of Section 11 of the 1933 Securities Act; and elder abuse.

Result

The parties settled the matter on or about March 2011, and the Panel recommended expungement of a non-party's records.

Other Information

ARBITRATORS: David J. Anderson, Annette G. Shepherd. Daniel R. Brush, CFP.


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